Considering B2 I-94 Extension - Your Opinion Requested

[rahulfirm]

Dear Friends,

I have been in the US from 1999, on and off on F1, B1, B2 & H1 statuses. Majority of my time from 1999 till today has been in India. Whenever in the US, I have always remained in status and have always been legal. I have never faced any RFE's or Denials. I'm in my mid-thirties. I currently also have a H1B stamping but it is not in use because I’m not employed in the US.

I have come to the United States on February 14th 2013 on a B2 Purpose visit. I'm currently now still in the US on the B2 purpose visit for which the entry was done on February 14th 2013. My purpose for this visit is to be with my wife and also for a holiday. My Wife is in OPT Status and she is waiting on her H1B petition to be approved. Her F1 visa is in expired status (I’m mentioning her status incase you ask me about changing to F4 or H4 statuses). Although she is waiting on her H1b petition approval, there is a high possibility of us packing and leaving to India for good in the first week of October 2013.

My I-94 Expires on Aug 13th 2013. That is day after tomorrow. I would like to put in an I-539 online application to request for an extension of my B2 Status until the first week of October. I'm considering this application this late because the need for extension was earlier unforeseen. If this need was not there, I would have left on Aug 13th 2013 and remained in India for good or alternatively, I would have waited for my wife's H1B petition approval (I-797) and then enter again as an H4 dependent. I assume that my center would be California because my residence is in California. My center’s I-539 processing time is currently specified in the website as 2.5 Months. I’m aware that it is legal for a B2 visitor to remain in the US post I-94 expiry if the visitor is waiting on an I-539 application decision.

The following are my reasons for requesting an I-94 extension:

1. My Parents have suddenly decided this week to visit the United States for a 3-4 Week holiday and shopping trip (house stuff, they just moved into a new house) ,starting from the 3rd week of August 2013. They visited the US on two occasions before.
2. My In-Laws have also decided to visit the United States for a 3-4 Week holiday. They have never visited before. Their Visa Interview Date is Aug 20th. If they get the Visa, they plan to start the same time as my parents (3rd week of August 2013).
3. My Close College Buddy's Wedding is in California on September 7, 2013. I have been invited. I wouldn’t have flown to the US for this reason alone but since it is so near the I-94 expiry and because I’m still hear, I would have wanted to apply for an extension for this reason alone.
4. I would like to do some shopping for my India home in case we are going back for good. My wife and I are almost certain of this but haven’t made any formal announcement to family and friends. Our housing lease, which is on my name and her name will end by September 30th 2013. If we leave to India, we intend to leave soon after the lease expiry. Even otherwise, there is a possibility of her not getting her H1B petition approved by September, in that case I will have to make another B2 entry before changing status to H4, I would like to avoid this by getting the extension so that it is past September 30th to help my wife in her move to a New Apartment.
5. So, all in all, I would like to request for an extension because I need to be here in the next one month starting the end of next week to take my Parents and my In-Laws on tours around the US, I need to be here because, besides for family fun reasons, I’m much more familiar with the us as I have been coming here on and off for 14 years and my wife has been here only for 2 and half years in which she was a student for more than half the time. Secondly so that I can attend my friends wedding in the first week of September. Thirdly so that I can help my wife in moving in the end of September and also for buying stuff for India in case we decide to move to India for good in the first week of October. Since all of these activities are in the next few weeks starting from next week, I would like to remain here instead of making a costly round trip to India. Costly because it is the rush season now for flights (End of Summer & Beginning of Schools & Colleges).

Considering all the information I have stated above, I request for your expert opinion on the following.

a. I intend to leave in the First week of October (much before the end of the 2.5 Months I-539 processing time),Do you think it is safe to apply for an extension of my B2 status?
b. Are my reasons good enough?
c. Will I have any future problems because of this?
d. Or would you suggest that I go to India and come back again. If that were the case, will I have issues at the port of entry where the officer might ask me "why are you back so soon?"

Thank You very much for your time.

[peace999]

Having stayed 6 months , you won't be able to re enter so quickly on a B2 purpose. That is out.

About extending your stay;

A few months ago with I-94 cards, things were different. Your departure would be recorded correctly only if you surrendered
the original or extended I-94 with airlines at departure. If you departed with pending extension after your original I-94 date or
after a denial, you would have to prove at the next visit that this happened by showing them the ext letter/ receipt.
And it would be at the discretion of the officer to admit you.

Now, with automation of I-94s I do not know how recordings for extension cases have changed.

But I am sure you would be able to re-enter on your B2 later if you save your extension filing receipt and your boarding passes for the departure date.

About reasons; you can show the wedding reason with the card; that should add weight to your app, other smaller issues like shopping , parents seem frivolous , and you
can avoid them.

[rahulfirm]

Dear Peace,

Thank you for your response.

Are you saying the wedding is a more valid reason and that the fact that my parents and inlaws are coming next weekend is frivilous for me to ask for an extension?

[peace999]

Yes. Even wedding of a friend is not that strong a reason as could be for example a medical reason.

But it is still better than parents and shopping as it is more personal. ( in my opinion).

[rahulfirm]

Thanks for the timely help Peace, how soon can I attempt to re-enter the USA again on B2? My intention is to stay only until the end of September 2013.

If I submit an I-539 today, will I get the USCIS receipt today itself?

[rahulfirm]

USCIS will wonder why you would return to India....after all, you will have spent nearly 6 months in the US....and now want more...??what 'job' offers that much vacation?
With your wife's pending H1B, and thus your eventual request to COS to H4, what reasons (that are believable) can you give as to why you would return to India instead of staying put, doing the COS, etc?
No job that is credible offers its employees 6 months of paid vacation....no legitimate business can see its owner remain absent for 6+ months....it's just not realistic....

Hi Ben,

Thanks for your response. It all makes sense and are all valid concerns. It would all have been much easier if my wife had an approved H1 petition.

Actually I'm not working in India. I'm on a break from work. I didn't have intention to work when I entered the US. I intended to do my MBA from Fall 2014. I intend to start work again in India once I'm done with my applications in December 2013. The reason I had to take such a long break was because I had to resign my job to be with my wife.

All I need is a stay for one month. I don't intend to do a COS, I must come back to India in October. I will go for an H4 stamping much later in 2013.

[rahulfirm]

When seeking an extension, USCIS will want to be convinced as to why (a) you 'must stay' for some length of time and (b) why you 'must' return to your country...from what you wrote, there is no reason for either event....no real need to return since you quit your job, and no real reason to stay other than to be on hand to take some pictures, then apply for a COS....I am guessing that you did not tell our border folks the entire story, because if you did, you would have been on the next plane back to India before you could take a second breath.....which suggests, that you were not truthful when seeking admission to MY country....no legitimate tourist can stay 6+ months in the US without working...I doubt you have been 'watching TV' the entire time.....so how have you been supporting yourself? With 'gifts' from relatives? Really? Doubtful.

Thanks I'm not looking for an eos anymore.now my concern is about entering the country again for a duration of few weeks so that I can attend my friends wedding and also so that I can take my parents and inlaws around. At the port of entry, when I came this time, I told the officer that I had come to visit my wife and that I intended to stay until July. I mentioned I'm on a break for getting an mba education. I have been visiting the us several times in the past 14 yrs, it was all legal. I got a graduate education in the us. I have a valid h1b too, I can work if I want, I have no intention of working, I'm in a break after 30 years of studies and working starting for kindergarten. My life is in India. I love the US too. But like I said, my life is in India.


"no legitimate tourist can stay 6+ months in the US without working" huh?

You guessed well, I was mostly watching tv and randomly travelling. I have been supporting myself, even otherwise, my wife earns her pay check every month.I have earned enough to not work another day. Enough to get a green card to setup a business.